If I received HYTA for a felony do I have to do the expungment process for it to take effect? 4 Answers as of May 16, 2011

At the end of September this year it will be 5 years since my felony conviction of position with intent to deliver marijuana. I received HYTA (which is a form of expungement). I successfully completed my 89 days in the halfway house and my 2 years of probation (I was let off after a year and half) and all my fines and fees were paid off. That being said I tried to buy a firearm (rifle) and got denied. When asked on the form if I have been convicted of a felony I answered no. Should have I of answered yes? To get this felony off my record do I need to go through the felony expungement appeal process or should this felony have automatically been taken off my record because I received HYTA? Let me know I great detail please I am an avid hunter and I will also be looking for a new job soon. Thanks

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Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Since you received HYTA your felony is not considered a conviction under the laws of the state of Michigan and is of a non-public record, so you answered the question on the form correctly. You should not have to go through the expungement process.
Answer Applies to: Michigan
Replied: 5/16/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
According to the HYTA, once the term set forth at sentencing are complete, the matter should be dismissed without a criminal record. You should check with the Court were the conviction took place to make sure that the matter was properly treated under the HYTA. Because a matter is dismissed and not part of a public record, that does not mean that when law enforcement looks, there might be some reference to the matter in a non-public area. I would have to know more of your particular situation to answer further.
Answer Applies to: Michigan
Replied: 5/16/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
HYTA is not like an expungement. An expungment occurs when after meeting the eligibility requirements and waiting the required amount of time, you can apply to have the conviction taken off your record. With HYTA, the conviction never shows up on your public record to begin with. Under HYTA, the conviction will only become part of your record if you violate the terms of your probation and the judge revokes your HYTA status. As long as that doesn't occur, then it should show up on your public record- only on your permanent record that only the courts and law enforcement have access to under very specific circumstances. I would have a lawyer or a court clerk check your record to make sure that everything was entered properly.
Answer Applies to: Michigan
Replied: 5/13/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
First, a point of clarification. HYTA is not an expungement. It results in, among other things, a sealed non-public record. When purchasing a firearm, the answer would have been better to say yes, and explain that it was a HYTA conviction. Law enforcement, Courts, and gun boards can see HYTA convictions on your record, even though it is sealed and non-pulic You have at least two options. First, after a period of time, a person convicted of a felon can ask the Court to allow purchase of a firearm following the statutory provisions. Alternatively, an expungement, can be sought, followed by a Motion for return of fingerprint cards, if not done automatically by the Court. Should you need assistance, you may consider retaining this office. You may call for an appointment by contacting me during business hours.
Answer Applies to: Michigan
Replied: 5/13/2011
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